Temporary services employers: health care personnel.

(1) Existing law defines "temporary services employer" as an employing unit that contracts with clients or customers to supply workers to perform services for the clients or customers and that performs specified functions, including paying workers from its own accounts and setting the rate of pay of workers. Existing law requires a temporary services employer to comply with specified labor laws relating to the timely payment of wages, among other things. This bill, on and after January 1, 2024, would require a temporary services employer billing a hospital for services rendered by health care personnel to include in the request for payment the names of the health care personnel, the health care personnel's hourly rate paid by the temporary services employer, and the direct costs of employing the health care personnel, as specified. This bill would make a violation of this provision subject to a civil penalty of $5,000 per violation. (2) Under existing law, upon the proclamation of a state of emergency by the President of the United States or the Governor, or upon the declaration of a local emergency by the executive officer of any county, city, or city and county, and for 30 days following the proclamation or declaration of emergency, it is a misdemeanor for a person, contractor, business, or other entity to sell or offer to sell certain goods or services for a price 10% greater than the price charged by that person immediately before the proclamation or declaration of emergency. This bill would also make it a misdemeanor, upon the proclamation of a state of emergency declared by the President of the United States or the Governor, or upon the declaration of a local emergency by an official, board, or other governing body vested with authority to make that declaration in any city, county, or city and county, for any temporary services employer to increase its nonlabor costs, as defined, for health care personnel by more than 10%, except as specified. By expanding the scope of a crime, the bill would create a state-mandated local program. (3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.